State v. Pipkin

Defendant was charged with first-degree burglary, which occurs when a person “enters or remains unlawfully” in a dwelling “with an intent to commit a crime therein.” See ORS 164.225; ORS 164.215. At trial, defendant argued that the state should be required to elect whether it intended to proceed on the theory that he entered the victim’s home unlawfully or on the theory that he remained in her home unlawfully. Alternatively, relying on State v. Boots, 308 Or 371,780 P2d 725 (1989), cert den, 510 US 1013 (1993), defendant requested an instruction that at least 10 jurors had to agree on one (or…